The days of telemarketing in Texas are about to look very different. With Governor Abbott’s signature, Senate Bill 140 (SB140) is no longer a proposal on paper: it is law, and it will take effect on September 1, 2025.

For years, businesses relied on a familiar playbook: phone calls, automated dialers, and increasingly, text message campaigns to reach customers. Consumers, meanwhile, have grown weary of constant interruptions, robocalls, and unwanted messages. SB140 represents Texas’s response to that tension: a sweeping overhaul that aims to give consumers more control and hold businesses more accountable.

Expanding the Definition of Telemarketing

In the past, when most people thought of telemarketing, they imagined a phone ringing during dinner. SB140 changes that picture. The law redefines what it means to “call” a consumer, expanding beyond traditional voice conversations to include text messages, multimedia messages, and almost any other form of digital outreach intended to sell a product or service.

That means the marketing text reminding you of a “limited-time offer” or the promotional image sliding into your inbox is now treated with the same scrutiny as a live call from a salesperson. For businesses, this expansion is more than just semantics. It’s a whole new playing field with much higher stakes.

The Power Shift: A New Private Right of Action

What makes SB140 especially significant is the power it hands directly to consumers. Under the law, individuals who feel wronged by telemarketers don’t have to wait for regulators to act: they can file lawsuits themselves.

Through the Texas Deceptive Trade Practices Act (DTPA), consumers can now sue for violations like:

• Ignoring call time restrictions
• Failing to register as a telemarketer
• Overlooking opt-out requests
• Using autodialers or robocall systems

And these lawsuits aren’t limited to financial harm. Texans can also pursue damages for mental anguish, an acknowledgment that the impact of constant interruptions and harassment isn’t always measured in dollars and cents.

The Endless Risk of Serial Litigation

One of the most dramatic shifts in SB140 is that it removes the cap on consumer recovery. In practical terms, this means that if a company keeps violating the law (say, by repeatedly texting a consumer who has opted out), that consumer can sue again and again, each time with fresh claims.

The door is now wide open to serial litigation. For businesses, it isn’t just about one lawsuit from one angry customer; it’s about the possibility of ongoing liability from the same person, multiplied across countless consumers.

Why the Stakes Are So High

Texas has always taken telemarketing violations seriously, but SB140 turns up the heat. The state already imposed penalties as high as $5,000 per violation, and now the law adds the possibility of treble damages for intentional violations.

It’s not hard to imagine how this plays out: one mistaken text campaign, one missed opt-out request, one poorly configured autodialer, and suddenly a company is staring down hundreds of thousands of dollars in exposure. For smaller businesses, the consequences could be devastating. For larger ones, the class action risks are just as intimidating.

What Businesses Should Do Next

With the countdown to September 1, 2025 already ticking, businesses don’t have the luxury of waiting. SB140 requires a cultural shift in how companies think about outreach. It’s no longer enough to comply with federal rules; Texas has set a new bar.

The first step is re-examining consent. Every call, every text, every image message must be backed by clear and documented permission. Opt-outs must be handled instantly and reliably. Companies need to revisit their telemarketing registration status, re-train their staff, and, in many cases, rebuild compliance programs from the ground up.

Some businesses will see this as a burden. Others will recognize it as an opportunity: a chance to build trust with customers by showing respect for their time, attention, and privacy.

Looking Ahead: A New Era of Consumer Control

As Texas SB140 maybe a turning point in the long battle between telemarketers and consumers. For Texans, it represents a victory: more tools to fight back against unwanted calls and texts. For businesses, it’s a warning: adapt quickly, or risk becoming the target of lawsuits and penalties that could cripple or cease operations.

Come September, Texas won’t just be another state with strict telemarketing laws, it will be the epicenter of telemarketing litigation in America. And in this new environment, the companies that succeed will be those that see compliance not just as a box to check, but as a way to build deeper, more respectful relationships with the people they serve.

Final Thoughts

SB140 isn’t just another regulation. It’s  redefining the telemarketing landscape in Texas. By expanding the definition of calls, empowering consumers to sue, removing limits on recovery, and raising the stakes of noncompliance, the law demands attention and action from every business that communicates with Texans.

The message is clear: respect consumer rights, or pay the price.

👉 For official resources and updates, visit the Texas Attorney General’s Consumer Protection Division.